Terrence Hill v. City of Jackson, Michigan, et al.
AdministrativeLaw SocialSecurity DueProcess Securities JusticiabilityDoctri
Does due process require the City of Jackson and Jackson County to provide notice and opportunity for hearing appropriate to the nature of the case?
QUESTIONS PRESENTED 1. Mullane v. Central Hanover Bank requires the government provide the owner “notice and opportunity for hearing appropriate to the nature of the case,” using means that “one desirous of actually informing the absentee might reasonably adopt.” 339 U.S. 306, 314, 315 (1950). Jones v. Flowers requires the government to take additional steps to notify a property owner when notice is undelivered. 547 U.S. 264, 269 (2006). Petitioner Terrence Hill bought a home from Jackson County, at an auction. The City of Jackson and Jackson County never delivered years-old demolition notices to Terrence Hill before tearing down Hill’s home. The City demolished Hill’s home, knowing the County’s policy and practice of (1) ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold the property to. Does due process require the City of Jackson and Jackson County to provide notice and opportunity for hearing appropriate to the nature of the case? 2. Parratt v. Taylor, 451 U.S. 527 (1981), does not apply to deprivations of property allegedly not due to random and unauthorized acts. “In situations where the State feasibly can provide a predeprivation hearing before taking property, it generally must do so regardless of the adequacy of a postdeprivation tort remedy to compensate for the taking.” Zinermon v. Burch, 494 U.S. 118, 132 (1990) (citing Loudermill, 470 U.S. at 542; Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 18 (1978); Fuentes, 407 U.S. at 80-84; Goldberg, 397 U.S. at 264). The City demolished Hill’s home, knowing the County’s policy and practice of (1) ignoring prior demolition notices and (2) not disclosing those notices to the citizens the County sold u the property to. The City of Jackson and Jackson County never delivered years-old demolition notices to Terrence Hill before tearing down Hill’s home—then sent Mr. Hill the bill for the demolition costs. When the government fails to take additional steps to notify a property owner of years-old demolition notice, is a postdeprivation remedy in state tort law “all the process due” after the government demolishes a citizen’s home?